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- Filing for bankruptcy will trigger the automatic stay, preventing creditors from taking action to collect their debts, including calling you, suing you, or sending you letters.
- You may be able to discharge your obligation to repay any of your dischargeable debts.
- By using the bankruptcy exemptions, many debtors can go through the bankruptcy process without losing any of their property.
- While a bankruptcy filing will remain on your record for 7-10 years, because many debts can be discharged in bankruptcy, many debtors begin improving their credit rating after filing for bankruptcy.
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What has the author Robin Jeweler written?
Robin Jeweler has written: 'Recent developments in bankruptcy law' -- subject(s): Bankruptcy 'Employee pension benefits in bankruptcy' -- subject(s): Law and legislation, Pensions, Bankruptcy
How long will a bankruptcy stay on credit report in Illinois?
Bankruptcy can stay on your credit report for 10 years. For more information about debt and bankruptcy, it is best to consult with an attorney. They can provide a complete picture of the benefits and negatives of filing for bankruptcy.
Can bankruptcy clear an SSI overpayment?
No, monies owed pertaining to public benefits either federal or state are not dischargeable under bankruptcy laws.
Can a veteran's disability be garnished for chapter 13 bankruptcy in Georgia?
Chapter 13 (and all) bankruptcy is Federal Filing. And, no, usually Vets benefits are protected under bankruptcy. See an attorney familiar with these matters.
Can you file bankruptcy on unemployment benefits?
AFAIK, Social Security has no impact on your ability to file bankruptcy. In fact, Social Security is excluded from the "means test", so unless you have substantial other income you should be able to file Chapter 7.
Can you divorce while in bankruptcy?
Yes, you can divorce while in bankruptcy. Bankruptcy has no effect on whether you can divorce or not. While divorce and bankruptcy can occur simultaneously, it can end up delaying the bankruptcy process. Ultimately the proceedings can continue and the parties can divorce without issue. I've written more about this here: http://www.freshstartlaw.com/know-about-bankruptcy/
Can the bankruptcy trustee take money for debt repayment in the six month period after bankruptcy disbursement if they receive a large Social Security Disability payment?
Typically no. There are no absolutes here. If you disclosed to the Court that you were in the process of obtaining Disability, you should have nothing to worry about. However, if you kept this info from them, I would ask the lawyer who handled your case. * No. All Social Security benefits whether disability, SSI, or regular pension benefits are exempt from bankruptcy action.
Will your mom be able to keep any of the money she is about to receive from your dad's death benefits if she files for bankruptcy?
Hello, Jamison here, NOPE
If you get a small amount of life insurance but need it for funeral expenses will it hurt your chances of discharging a Chapter 7?
Most life insurance benefits are exempt from bankruptcy. Contact the trustee or the attorney who handled the bankruptcy to find out what applies in this situation.
If a spouse passes away two months after you filed bankruptcy are the courts entitled to their life insurance policy and if so how long should you wait before filing a claim?
Most death benefits are exempted from bankruptcy procedure. This however depends on the type of bankruptcy being filed, and perhaps to the laws of the state of residency.
If you are currently under bankruptcy and become unemployed can you file for unemployment benefits?
Sure, the BK is not a factor and won't even be anything the UI cares or knows about.
Will I lose my retirement accounts or payments from social security if I file for bankruptcy?
Generally, no. Retirement accounts that are ERISA-qualified aren't considered property of an estate and cannot be taken. Social Security benefits are generally protected from assignment, or garnishment for debts in bankruptcy. The Social Security Administration's responsibility for protecting benefits against legal process and assignment usually ends when the beneficiary is paid. Once paid, the benefits continue to be protected only as long as they can be identified as Social Security benefits. For example, money in a bank account where the "only" deposits into the account are direct deposits of Social Security benefits are "identifiable" and generally protected.
